RegAlert2006-09-26 | CFTC Staff Letter 06-26Added · Updated
CFTC Staff Letter 06-26: Exemption from CPO Disclosure, Recordkeeping, and Reporting Requirements
The Division of Clearing and Intermediary Oversight grants exemptive relief to registered commodity pool operator A regarding the operation of two series funds comprising a trust. The exemption relieves A from the requirement to obtain signed acknowledgments of Disclosure Document receipt under Regulation 4.21(b) for secondary market sales, provided current documents are maintained on designated websites. It also exempts A from delivering monthly Account Statements under Regulation 4.22, provided the requisite information is available online, and allows books and records under Regulation 4.23 to be kept at the offices of administrator E or distributor G rather than A's main business office. These exemptions are subject to conditions including A's continued responsibility for record availability and inspection, notification of location changes, and a forty-eight-hour window to retrieve records for inspection upon request.
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U.S. COMMODITY FUTURES TRADING COMMISSION
Three Lafayette Centre
1155 21st Street, NW, Washington, DC 20581
Telephone: (202) 418-5430
Facsimile: (202) 418-5547 aradhakrishnan@cftc.gov Division of Clearing and Intermediary Oversight CFTC letter No. 06-26 September 26, 2006 Exemption Division of Clearing and Intermediary Oversight Re: Regulations 4.21, 4.22 and 4.23 Request for exemption from certain Disclosure Document, recordkeeping and reporting requirements in connection with the operation of the Trust Dear :
This is in response to your letter dated August 23, 2006, to the Division of Clearing and Intermediary Oversight (the “Division”) of the Commodity Futures Trading Commission (the “Commission”), as supplemented by your e-mail messages and telephone conversations with Division staff (the “correspondence”). By the correspondence, you request, on behalf of “A”, a registered commodity pool operator (“CPO”), exemption from certain provisions of Commission Regulations 4.21, 4.22, and 4.23,1 which concern, respectively, the disclosure, reporting and recordkeeping requirements applicable to registered CPOs, in connection with “A” serving as the registered CPO of each of the two series funds (each a “Fund” and collectively the “Funds”) comprising (the “Trust”). Background Based upon the representations made in the correspondence, we understand the relevant facts to be as follows. Interests (“Shares”) in each Fund will be separately offered and sold to the public, pursuant to an effective registration statement filed with the Securities and Exchange Commission (“SEC”) (the “Registration Statement”).2 The Shares of each Fund will be both
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Lineage: Superseded
Timeline
Amended 1 time · last 2010-09-27
- 2010-09-27
CFTCWithdrawal of No-Action Relief for Securities Broker-Dealers Selling Certain Futures Contractssupersedes
Source: Commodity Futures Trading Commission — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
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CFTC published 6 documents in the last 30 days. We email you each new one the day it's published.